How difficult to prove...
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Mill Wheel

Original Poster:

6,149 posts

222 months

Friday 24th May 2013
quotequote all
..an offence has been committed?

http://www.bbc.co.uk/news/uk-england-gloucestershi...

Assuming this 86 year old doesn't just make one cheese a year, but sells others to members of the public, what are the chances of police mounting successful case against her if one of her cheeses were to fall into the wrong hands?

Seems to me to be a bit OTT threatening an old lady when chees rounds are available in many supermarkets these days!

ferrariF50lover

1,834 posts

252 months

Friday 24th May 2013
quotequote all
The article doesn't state explicitly, but I think the idea is that the police have warned the nice old lady cheesemaker that she may be open to a civil claim, rather than criminal prosecution, if someone is injured.

Seems to me like another one which should be laughed at. Bloke turns up at the top of a massive hill, lobs a cheese down it, then follows on. Any injury resulting from this surely must be attributed to Darwin, rather than a cheesemaker. That's like smashing your head against a brick wall then trying to sue the bloke who built it.

Simon.

Pontoneer

3,643 posts

212 months

Friday 24th May 2013
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I suspect the cop who gave the warning is just trying to prove who is the big cheese on his patch .

I guess if someone hurts their ankle they will manage to walk with a stilt on .

ging84

9,548 posts

172 months

Friday 24th May 2013
quotequote all
these cheese makers is clearly irresponsible
they have no regard for the lactose intolerant community
it's about time some of them were bought to justice

thescamper

920 posts

252 months

Friday 24th May 2013
quotequote all
Blessed are the Cheese makers.

MrPicky

1,233 posts

293 months

Friday 24th May 2013
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It should not be the Police who contacted her, the Elf and Safety ought to be on her back to make the cheeses triangular so they can't roll down the hill at all.

This would put the onus on the swiss-roll makers to sponsor the event, they are in Geneva and therefore unprosecutable!


New POD

3,851 posts

176 months

Friday 24th May 2013
quotequote all
There is a question of liability insurance for events that the participants just turn up.

When a few blokes on a car related internet forum, agree via social media to meet at a little chef, drive through some tunnels, over a few welsh hills, before turning up at a rolling road where one of them collects the money and gives it to the rolling road operator, this could be seen to be an organised event and whoever suggested it, could be deemed to be the organiser, and liable for the hearing damage, of the participants.

T0nup

683 posts

226 months

Friday 24th May 2013
quotequote all
She may supply the cheese... But does she honestly openly encourage others to chase the bloody thing down the hill? And does the guy who starts it rolling stand there pushing people after it?

If people wanna chase a cheese down a hill, any resultant injury should be down to them.

Sounds like Darwinism at it's very best.


FiF

48,337 posts

277 months

Friday 24th May 2013
quotequote all
Pontoneer said:
I suspect the cop who gave the warning is just trying to prove who is the big cheese on his patch .

I guess if someone hurts their ankle they will manage to walk with a stilt on .
Perhaps E dam well forgot to think things through Caerphilly.

If people want to stand at the top of a hill, and then rennet flat out downhill while the cheese makes its whey down at top speed then why not. This country needs a bit of con brie-o to life.

Tannedbaldhead

3,152 posts

158 months

Friday 24th May 2013
quotequote all
http://uk.news.yahoo.com/gloucester-cheese-rolling...

Heard this on the news this morning. Should the officers or council officials issuing said warning be told to "f**k the f**k off".

kooky guy

582 posts

192 months

Friday 24th May 2013
quotequote all

What a disgrace. Assuming the story is correct, surely what they said is a complete lie. How on earth could she be personally liable for anything other than the donation of a cheese?

Think they ought to have a good look at their priorities.

Hugo a Gogo

23,436 posts

259 months

Friday 24th May 2013
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Edamned if you do, edamned if you don't

Disastrous

10,206 posts

243 months

Friday 24th May 2013
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She should tell the, to get fked and all involved should agree to support her. Grrrrr. I'm on an anti-meddling busybody tack this morning.

paintman

7,857 posts

216 months

Friday 24th May 2013
quotequote all
The article mentions 'no medical cover or insurance'. Assuming that all participants aren't required to sign a disclaimer it does raise the question of who would be in the hot seat if someone - or in the event of a fatality or brain damage their family - decided to sue the organisers. Would she be classed as an 'organiser' of the event by supplying the cheese knowing its purpose?

paintman

7,857 posts

216 months

Friday 24th May 2013
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Looks like there's another thread already running:
http://www.pistonheads.com/xforums/topic.asp?h=0&a...

Snowboy

8,028 posts

177 months

Friday 24th May 2013
quotequote all
At a guess, 'someone' asked the police to take action.
The police sent the newest youngest cop round to have a chat
The new cop gave some silly advice.

It's great advertising for the cheese roll.

As suggested on the radio this morning.
Perhaps they could chase baby bell, and if anyone is hurt they could sue the baby bell company.

WhereamI

6,887 posts

243 months

Friday 24th May 2013
quotequote all
paintman said:
The article mentions 'no medical cover or insurance'. Assuming that all participants aren't required to sign a disclaimer it does raise the question of who would be in the hot seat if someone - or in the event of a fatality or brain damage their family - decided to sue the organisers. Would she be classed as an 'organiser' of the event by supplying the cheese knowing its purpose?
That's exactly the point, all they are doing is pointing out to her that she could potentially be liable if something goes wrong, all in the context that last time they did this 10,000 people turned up to a venue that could only handle 5,000. So given that they know that there could very easily be a problem they are being warned that they need to take responsibility for it and plan accordingly or else held liable.

pad58

12,549 posts

207 months

Friday 24th May 2013
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Silly as silly is, Health and safety has gone silly.
If you don't want to hurt youself don't take part,end of.

Brigand

2,547 posts

195 months

Friday 24th May 2013
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paintman said:
The article mentions 'no medical cover or insurance'. Assuming that all participants aren't required to sign a disclaimer it does raise the question of who would be in the hot seat if someone - or in the event of a fatality or brain damage their family - decided to sue the organisers. Would she be classed as an 'organiser' of the event by supplying the cheese knowing its purpose?
And that pretty much sums up the problem with modern life.

Who would be in the hot seat? The person who got injured. Nobody else should be liable. Why should they be? No one is forcing them to take part, a unwritten disclaimer is signed by the participant the moment they take part - they know exactly what they are getting into and the risks associated with it. I went to this event a few years ago and it is pretty madcap, but everyone there knows what goes on and what they're letting themselves into, its just a sign of modern life that there must always be someone to blame other than the victim when bad things happen.

I know it just doesn't work like that in reality, but it really should - but then common sense has all but been eradicated in Modern Britain.

There's been rumblings to get this event banned for years now, but thankfully people just ignore it and keep turning up. IIRC its not an 'official' event anymore, its just an annual gathering. It can't be long until the council send heavies up there one year to forcibly remove people or fence off the area totally, all in the name of H&S.


Edited by Brigand on Friday 24th May 08:53

John145

2,738 posts

182 months

Friday 24th May 2013
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Just write an indemnity form describing the risks and that you participate knowing the risks. Simple. Seems as though she has been hit with a stick without actually telling her how to progress in protecting herself.